DHARAM BIR Vs. MAHABIR

JUDGEMENT

(1.) This is an appeal filed under Clause X of the letter patent, challenging the order dated 5.10.2009, passed by the learned Single Judge of Punjab and Haryana High Court, Chandigarh, in COCP No. 17754 of 2009. The allegation in the contempt petition levelled by the appellant-petitioner is that according to the judgment and decree, the possession by filing a suit in respect of land measuring 7 Bighas, could have been taken but the aforesaid decree has been violated as forcible possession has been taken.

(2.) After hearing learned counsel for the appellantpetitioner, we find that the order passed by the learned Single Judge does not suffer from any legal infirmity warranting interference of this Court because it has been rightly observed that the appellant-petitioner has alternative and effective remedy of executing the decree, in accordance with the law. The remedy of contempt is a summary remedy which may be invoked in cases where there is no dispute of facts. In cases where civil court decree is to be executed, a wholesome procedure has been prescribed by the Code of Civil Procedure and the same must be resorted to.

(3.) However, the dismissal of the contempt petition or this appeal would not stand in the way of the appellant-petitioner, to invoke the remedy of execution.